Modzelewski's Towing & Storage, Inc. v. Commissioner of Motor Vehicles

Citations

• 353 Conn. 486

Syllabus

Pursuant to state regulation (§ 14-63-36c (c)), ''[a] licensed wrecker service may charge additional fees for exceptional services, and for services not included in the tow charge or hourly rate, which are reasonable and neces- sary for the nonconsensual towing . . . of a motor vehicle. Any such addi- tional fees shall be itemized in accordance with the hourly charge for labor posted by the licensed towing service, as required by the provisions of section 14-65j-3 of the [state regulations].'' The plaintiffs, wrecker services licensed in Connecticut, appealed to the trial court from the decision of a Department of Motor Vehicles hearing officer, who determined that the plaintiffs had overcharged the owner of a tractor trailer for certain nonconsensual towing services, and who ordered that the plaintiffs pay restitution and imposed a civil penalty. The plaintiffs were summoned by the state police to provide towing services after the tractor trailer, which was insured by the defendant insurance company S Co., became disabled during a highway accident. The plaintiffs used special equipment to remove the tractor trailer from the highway and to tow it to 353 Conn. 486 SEPTEMBER, 2025 487 Modzelewski's Towing & Storage, Inc. v. Commissioner of Motor Vehicles the plaintiffs' storage facilities. The plaintiffs sent S Co. an itemized invoice for the work performed, including fees associated with the use of the special equipment, which S Co. paid under protest. S Co. subsequently filed a complaint with the named defendant, the Commissioner of Motor Vehicles, claiming, inter alia, that the plaintiffs' charges were unfair and unreasonable. In determining that the plaintiffs overcharged for their services, the hearing officer concluded that the plaintiffs had established their own rate schedule for nonconsensual towing services that was based on the special equipment they used, rather than on the hourly rate for labor set by the commissioner. The hearing officer ultimately disal